in any way, shape or form, lead Lieutenant Pullman to believe that you desired him to carry out downloads of classified material contrary to regulations?'
'No!'
'How would you describe Lieutenant Pullman's performance while he worked for you?'
Moraine hesitated again, obviously thinking this time. 'There weren't any major problems. The Communications Division got its job done.'
'How about his behavior?'
This time Moraine's face darkened slightly. 'No major problems,' she repeated. 'A bit overconfident, but otherwise he was like my other division officers. They all needed to be whipped into shape.' As if against her will, Moraine's eyes came to rest on Paul for a moment as she frowned.
'Overconfident?' Carr questioned. 'So Lieutenant Pullman didn't display or express any nervousness about carrying out his job or responding to instructions?'
'No. He'd just say 'yes, ma'am' and he'd do it.'
'Did he ever ask for elaboration or additional details in order to carry out his orders if he wanted to ensure he understood what was required?'
'Sometimes. Yes.'
'And did he ever display any unfamiliarity with security requirements?'
'No. Not that I recall.'
'Did he ever ask you to provide him with security guidance because he was unsure of proper procedure?'
Commander Moraine seemed to be relaxing slowly under Carr's gentle guidance. 'No, no. Very sure of himself. Almost cocky, I'd say. That was my impression of Lieutenant Pullman.'
'Then Lieutenant Pullman didn't express uncertainties about any aspect of his primary responsibility or of his other duties onboard the ship?'
'No. If anything, he acted like he was bored by instruction and training. As if he already knew everything. You know the type.'
'Yes, Commander Moraine, I think I do. How did Lieutenant Pullman respond to job taskings?'
'Excuse me? I don't quite understand the question.'
'If you gave Lieutenant Pullman a job to do, how did he respond?'
'He did it. Did it well enough, I suppose.'
'Did he ever display or express a sense of urgency? A feeling that he had to get the job done and done quickly out of concern that you or the captain would react adversely?'
Moraine's lip curled. 'No. That wouldn't be Lieutenant Pullman. He did jobs quickly because he could, I think, not because he felt any concerns.'
'In your experience, did Lieutenant Pullman ever violate rules, regulations or procedures because he felt he had to in order to complete an assigned task?'
'I don't know of any such incidents. None were reported to me. I haven't been informed of anything like that. I certainly never would've approved of it!'
Commander Carr spoke soothingly to the once-again agitated Commander Moraine. 'Thank you, Commander. No further questions.'
David Carr also smiled as he approached the witness stand. 'Commander Moraine, you just testified that in your estimation Lieutenant Pullman acted 'overconfident' and 'cocky.' Is that correct?'
'Yes. Yes, it is.'
'Then would it be fair to say that Lieutenant Pullman did not act like someone with something to hide? That he didn't act like someone fearful of being caught doing something improper?'
Moraine froze again, her eyes staring at David Sinclair. Then she nodded with obvious reluctance. 'Yes.'
'Is it fair to say that in your opinion Lieutenant Pullman didn't act at all like someone deliberately committing acts of espionage against his country?'
'Objection.' Commander Carr gestured toward the witness stand. 'Defense Counsel is asking the witness to speculate on matters beyond her personal experience and knowledge.'
'Your Honor,' David Sinclair insisted, 'this is a reasonable request for the opinion of Lieutenant Pullman's immediate superior.'
'Trial Counsel is willing to accept such an argument if Defense Counsel can demonstrate expert knowledge on the part of the witness.'
Judge Campbell looked at Carr with a questioning expression. 'What expert knowledge would Trial Counsel be referring to?'
'Defense Counsel asked if the witness recognized behavior similar to someone committing espionage. Trial Counsel submits that Commander Moraine has not testified to ever having before encountered someone committing espionage, and therefore doesn't have any experience to use in determining how such a person acts.'
'That's a good point, Trial Counsel. The witness is directed to inform the court of any cases in which, to her knowledge, she has worked with an individual or individuals who were later shown to be committing espionage.'
Moraine stared up at the judge. 'I… don't know of any, ma'am.'
'Your honor.' David Sinclair held up his hands in gesture beseeching understanding. 'Commander Moraine is an experienced officer. She has worked around and observed many different people for years in her career as a Navy officer. Surely she should be able to judge whether an individual is displaying signs of committing espionage.'
'Trial Counsel is curious as to what those signs might be,' Commander Carr offered.
Paul remembered the list of items he'd been shown by NCIS before he wore the wire. Obviously, NCIS felt it had identified behavioral characteristics of spies. But then, as far as Paul could tell, Brad Pullman hadn't matched those characteristics despite being later caught with physical evidence of sabotage. Did that mean Brad was somehow probably innocent? Or did it mean the behavioral characteristics weren't actually all that definitive?
David Sinclair gave Carr a flat look in response to her statement. 'Perhaps I can rephrase the question to satisfy Trial Counsel's objection?'
Judge Campbell nodded. 'You're welcome to try.'
'Thank you, Your Honor. Commander Moraine, is it fair to say that in your opinion Lieutenant Pullman didn't act at all like you would expect someone to act if they were deliberately committing acts of espionage against their own country?'
'Hmmm.' Judge Campbell pointed to Carr. 'Trial Counsel?'
'Trial Counsel will withdraw her objection on the stipulation that Commander Moraine's personal expectations of how someone committing espionage would act are not grounded in any practical experience or special knowledge, and are therefore purely speculative.'
'Very well. The witness is directed to answer the question.'
Commander Moraine glanced around in confusion. 'Which question?' David Sinclair repeated it. 'Oh. I don't think so. That is, Lieutenant Pullman didn't act like I would've suspected a spy to act.'
'Objection.' Commander Carr smiled apologetically at Commander Moraine. 'Lieutenant Pullman is charged with espionage, not spying. The witness's response must deal solely with someone committing espionage.'
'Sustained.' Judge Campbell, her elbow on the bench and her chin on her hand, looked down at the witness stand. 'Does the witness know the legal difference?' Commander Moraine shook her head. 'A spy acts clandestinely or under false pretenses,' Campbell explained. 'That is, they're lurking, using a false identity, pretending they're someone else. Members of the armed forces in uniform aren't spies unless they put on a disguise and act under false pretenses. Lieutenant Pullman is charged with espionage, not spying, because he is not charged with acting under false pretenses. He isn't charged with pretending to be someone else in the commission of his alleged crime. He wore his proper uniform and presented himself as Lieutenant Pullman. Do you understand?'
'I think so, Your Honor.'
'Therefore Defense Counsel's question, which is taking up a remarkable amount of time in this court and requiring no end of elaboration, pertains specifically to how you would expect someone to act if they were wearing
